Looking for a bit of clarity

[mpawluk 0]

Ok so I'm new here, and basically sought out this site for some answers because goodness they don't make immigration easy!

I've been married to my US husband for 6 years. I am canadian, we have 2 children and currently reside in canada. He has been transferred back to teh US with his company and we have files for an I-130 form on tuesday, and I just got my email notification tonight (I-797??) Now i'm getting a bit confused and maybe because i tend to completely over think every process...but now my husband has to file an I-129F? And if so do we pay another fee of $340? I'm kind of lost. If I file this I-129F form do I then get to file for a K3? It's hectic because as I said we've been married for a while and have 2 kids (born to an american)

If someone coule give my brain a rest and break this down for me I would super appriciate it!

Thanks!!!

Edited August 6, 2011 by mpawluk

[Penguin_ie 5,994]

Forget the I129F/ K3 visa path; a long time ago, K3 was faster but not anymore. In almost all cases, the I129F would be administratively closed for you at NVC stage anyway, so you'd do the extra paperwork for nothing. Plus the IR-1 visa is far superior- it is cheaper, you will get a ten year greencard upon entry to the USA and won't have to bother with immigration anymore until your naturalisation 3 years down the line.

[pushbrk 12,906]

Forget the I129F/ K3 visa path; a long time ago, K3 was faster but not anymore. In almost all cases, the I129F would be administratively closed for you at NVC stage anyway, so you'd do the extra paperwork for nothing. Plus the IR-1 visa is far superior- it is cheaper, you will get a ten year greencard upon entry to the USA and won't have to bother with immigration anymore until your naturalisation 3 years down the line.

For a layout of the IR1 visa process, click on the word GUIDES at the top of any page here. I advise against filing the I-129F for a spouse but if you do, there is no filing fee when used for a spouse. In your circumstances, IR1 is the currently available spouse visa. It's what you actually want. Follow the guide. After careful study, you'll still have questions. That's what we're here for.

[dwheels76 5,468]

Since you need clarity can I ask on the I-130 on the USCIS website they say:

5. Submit both the petitioner’s and beneficiary’s birth certificates with English translations (if needed).

Yet I see nothing in the I-130 instructions you need to send the beneficiary's birth certificate. So what's up with that.

Thanks and sorry for jumping in ion your question mpawluk.

[pushbrk 12,906]

Since you need clarity can I ask on the I-130 on the USCIS website they say:

5. Submit both the petitioner's and beneficiary's birth certificates with English translations (if needed).

Yet I see nothing in the I-130 instructions you need to send the beneficiary's birth certificate. So what's up with that.

Thanks and sorry for jumping in ion your question mpawluk.

Without context, I can't answer for what you read somewhere on a USCIS website but I can confirm with absolute confidence, the foreign spouse's birth certificate need not be included with the I-130 package. If filing for stepchildren, the opposite is true. Stepchildren's (photocopy of) certified copy of long form birth certificate naming both parents or at least the immigrating parent is required with the I-130.

[amarachi007 0]

Without context, I can't answer for what you read somewhere on a USCIS website but I can confirm with absolute confidence, the foreign spouse's birth certificate need not be included with the I-130 package. If filing for stepchildren, the opposite is true. Stepchildren's (photocopy of) certified copy of long form birth certificate naming both parents or at least the immigrating parent is required with the I-130.

Edited August 18, 2011 by amarachi007

[amarachi007 0]

sorry posted reply on wrong response. Excuse me.